Expanding the scope of State compensation responsibility
16:24 14/06/2017
On June 30th, Deputy Minister of Justice Dinh Trung Tung chaired the meeting of the Evaluation Council and Evaluation Consulting Council of the Constitution implementation law projects for the State Compensation Law project.
The State Compensation Law became effective on January 1st 2010. After more than 6 years of implementation, the Law has been an important legal tool to organize and protect the lawful rights and benefits of individuals. However, during the implementation, the Law reveal to has many inadequacies and limits that need to be comprehensively amended.
The purpose of the State Compensation Law amendment is to create a new Law with transparency and feasibility, which will not only meet the requirements and effectively implement the 2013 Constitution but also synchronize with the codes and laws that have just been issued. At the same time, the Law will establish a legal system to efficiently protect the lawful rights and benefits of domestic and foreign individuals, organizations that are legitimately operating in Vietnam.
The regulatory scope of the State Compensation Law (amended) is defined more clearly towards regulation of State compensation responsibility for damages caused by officials during administrative management, legal proceedings, judgement execution; compensating damages, compensating organs; compensation settlement proceedings; compensation fee; refund responsibility, discipline responsibility; state management of compensation service; complaints, accuses settling and violations handling.
The drafted Law also expanded the scope of State compensation responsibility in order to coincide with newly issued legal documents. Compensate damages have been clearly regulated to guarantee the feasibility of damages calculation. The drafted Law regulated the principles for damages determining, which can help the compensation settling agencies determine and quantify the damages.
At the meeting, the members of the Council commented on the legitimacy, rationality, feasibility as well as some technical issues of the Drafted Law. There are comments suggested that a independence and professional agency is needed to settle compensation. The compensation settlement is implemented primary base on the principles of the civil law but in order to be practical, administrative factors must be guaranteed. Furthermore, the members were also concerned with the strong improvements in compensation settling procedures towards simpler administrative proceedings and more effective way.
The purpose of the State Compensation Law amendment is to create a new Law with transparency and feasibility, which will not only meet the requirements and effectively implement the 2013 Constitution but also synchronize with the codes and laws that have just been issued. At the same time, the Law will establish a legal system to efficiently protect the lawful rights and benefits of domestic and foreign individuals, organizations that are legitimately operating in Vietnam.
The regulatory scope of the State Compensation Law (amended) is defined more clearly towards regulation of State compensation responsibility for damages caused by officials during administrative management, legal proceedings, judgement execution; compensating damages, compensating organs; compensation settlement proceedings; compensation fee; refund responsibility, discipline responsibility; state management of compensation service; complaints, accuses settling and violations handling.
The drafted Law also expanded the scope of State compensation responsibility in order to coincide with newly issued legal documents. Compensate damages have been clearly regulated to guarantee the feasibility of damages calculation. The drafted Law regulated the principles for damages determining, which can help the compensation settling agencies determine and quantify the damages.
At the meeting, the members of the Council commented on the legitimacy, rationality, feasibility as well as some technical issues of the Drafted Law. There are comments suggested that a independence and professional agency is needed to settle compensation. The compensation settlement is implemented primary base on the principles of the civil law but in order to be practical, administrative factors must be guaranteed. Furthermore, the members were also concerned with the strong improvements in compensation settling procedures towards simpler administrative proceedings and more effective way.